Birth Injury Litigation

Medical inattention during labor and delivery can result in serious birth injuries for infants. These injuries can have a lasting impact on the infant and their family.

A successful lawsuit can help pay for future and present medical costs, lost wages, and other losses. However the process of obtaining a lawsuit that is successful can take years to complete.

Compensation

Despite the remarkable medical advancements birth is still a risky procedure. Babies and mothers expect the doctors who attend to be professional and avoid making mistakes that could have lifelong consequences. If your baby was injured that was caused by negligence of a medical professional or hospital, you may want to consult an New York birth injury lawyer to see what legal recourses you have.

If you're successful in your claim, you will be awarded financial compensation. This could include future and current medical expenses, lost earnings, emotional stress and many other damages. In certain cases juries and judge may also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate with a team of experts witnesses to discover what happened and establish the accepted standard of care. They will go through your entire medical record and examine what the medical professionals did during your delivery. This will assist them to build a strong case and maximize your chances of success.

Before bringing a lawsuit your lawyer will usually try to bargain with the malpractice insurance company. This will require you to submit a package of demands, which will include a thorough statement outlining your family's losses and the medical evidence that supports the claims. The malpractice insurance company will make an offer. If a settlement is not reached, the lawsuit will proceed to trial.

Damages

The damages the plaintiff could be awarded are either economic (such medical bills) or non-economic (such pain and suffering). In a majority of cases juries award both. The amount of damages an individual victim receives will be based on the degree to which the accident has affected their lives and also the evidence of the past and future losses. Certain states restrict the amount of non-economic damages that juries may award.

To be able seek compensation, you must show that the defendant did not fulfill their duty of care. This is accomplished by a combination of medical records as well as expert witness testimony and depositions. Medical experts are those who are experts in a specific area of medical practice. They review all evidence in the case and testify at trial, if needed. In birth injury cases, the expert will establish that the defendant's actions are not in the guidelines of a medical professional of similar experience and training.

Attorneys may also depose anyone who has a relevant story or has an exclusive perspective. These are legally sworn statements delivered outside of court that permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted via the phone or through a video conference, but the majority are conducted in a courtroom. These conversations can be difficult and stressful but they are vital in establishing a strong argument and securing the highest possible compensation for clients.

Statute of Limitations

As in most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have up to two and Vimeo a half years to file a lawsuit after the date of a wrongful act, omission, or omission they believe caused their child's injuries.

Your attorney will be able to review the medical records of your child to determine whether any obstetricians or nurses, as well as other hospital staff were involved in the lansdale birth injury attorney of your daughter or son. The attorney can request any relevant documents and information that may help determine the cause of your child's injuries.

Your lawyer must prove malpractice by establishing that the defendant owed a duty to your child and failed to provide the required care under similar circumstances. To prove this, you attorney will collaborate with medical professionals to analyze the actions of the medical professional with accepted practices and procedures.

A lawyer can assist you identify witnesses who can be available to testify in your case. These professionals can give an insight into the process used by doctors to make decisions and explain how a particular error or omission led to the birth injury suffered by your child. Your lawyer can then use this evidence to back up your claim for compensation. A successful medical malpractice case involves two distinct legal claims one for the child who has been injured and another for the parents.

Expert Witnesses

With the right assistance families can receive compensation that covers medical bills and lost income due to working hours taken off rehabilitation and therapy, as well as the cost of long-term care. But the key to successfully winning a birth injury lawsuit is having the best experts available to be on your side.

These individuals can review the evidence and provide their professional opinion about whether a medical professional has violated their duty of care by performing an action that could have led to an infant's injuries. They can simplify medical terms for a jury or judge to understand.

The expert witness's job is to provide an unbiased medical opinion that is based on the current state of knowledge at the time of the event. This means they must not eliminate relevant information to provide a more favorable perspective for either the plaintiff or defendant.

Experts should also study relevant medical records and current research to form an informed opinion. In certain cases, an expert may be required to make a sworn statement outside of court. These sessions can be intimidating, but they are an essential part of preparing for a case. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.